Timeline: Key Feature Implementations of the Affordable Care Act

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1 Timeline: Key Feature Implementations of the Affordable Care Act The Affordable Care Act, signed on March 23, 2010, puts in place health insurance reforms that will roll out incrementally over the next four years and beyond. Below, CBDI has put together a summary of these changes and when they will become effective so you can understand how they will impact the lives of you and your family. SUMMARY OF HEALTH CARE LAW REFORMS: 2010 Information for Consumers- A website has been developed by the government where consumers can view and compare health insurance coverage options. Effective July 1, 2010 Eliminating the Denial of Coverage for Children Based on Pre-Existing Conditions- New rules to prevent insurance companies from denying coverage to children under the age of 19 due to a pre-existing condition are part of the law. Effective for health plan years beginning on or after September 23, 2010 for new plans and existing group plans. Prohibiting Insurance Companies from Rescinding Coverage- Until this point, insurance companies could find an error or other technical mistake on a customer s application and use this error to deny payment for services when he or she required care. This is now illegal. Effective for health plan years beginning on or after September 23, Eliminating Lifetime Limits on Insurance Coverage- Under the law, insurance companies will be prohibited from imposing lifetime dollar limits on any essential benefits. Effective for health plan years beginning on or after September 23, 2010.

2 Regulating Annual Limits on Insurance Coverage- Under the law, insurance companies use of annual dollar limits on the amount of insurance coverage a patient may receive will be restricted for new plans in the individual market and all group plans. In 2014, the use of annual dollar limits on essential benefits like hospital stays will be banned for new plans in the individual market and all group plans. Effective for health plan years beginning on or after September 23, Appealing Insurance Company Decisions- The law provides consumers with a way to appeal coverage determinations or claims to their insurance company, and establishes an external review process. Effective for new plans beginning on or after September 23, Establishing Consumer Assistance Programs in the States- Under the law, states that apply receive federal grants to help set up or expand independent offices to help consumers navigate the private health insurance system. These programs help consumers file complaints and appeals; enroll in health coverage; and get educated about their rights and responsibilities in group health plans or individual health insurance policies. The programs will also collect data on the types of problems consumers have, and file reports with the U.S. Department of Health and Human Services to identify trouble spots that need further oversight. Grants Awarded October Providing Small Business Health Insurance Tax Credits- Up to 4 million small businesses are eligible for tax credits to help them provide insurance benefits to their workers. The first phase of this provision provides a credit worth up to 35% of the employer s contribution to the employees health insurance. Small non-profit organizations may receive up to a 25% credit. Effective now. Offering Relief for 4 Million Seniors Who Hit the Medicare Prescription Drug Donut Hole- An estimated four million seniors will reach the gap in Medicare prescription drug coverage known as the donut hole this year. Each eligible senior will receive a one-time, tax free $250 rebate check. First checks mailed in June, 2010, and will continue monthly throughout 2010 as seniors hit the coverage gap. Providing Free Preventive Care- All new plans must cover certain preventive services such as mammograms and colonoscopies without charging a deductible, co-pay or coinsurance. Effective for health plan years beginning on or after September 23, 2010.

3 Preventing Disease and Illness- A new $15 billion Prevention and Public Health Fund will invest in proven prevention and public health programs that can help keep Americans healthy from smoking cessation to combating obesity. Funding begins in Cracking Down on Health Care Fraud- Current efforts to fight fraud have returned more than $2.5 billion to the Medicare Trust Fund in fiscal year 2009 alone. The new law invests new resources and requires new screening procedures for health care providers to boost these efforts and reduce fraud and waste in Medicare, Medicaid, and CHIP. Many provisions effective now. Providing Access to Insurance for Uninsured Americans with Pre-Existing Conditions- The Pre-Existing Condition Insurance Plan provides new coverage options to individuals who have been uninsured for at least six months because of a pre-existing condition. Each state will have the option of running this program in their own state. If a state chooses not to do so, a plan will be established by the Department of Health and Human Services in that state. National program effective July 1, Extending Coverage for Young Adults- Under the law, young adults will be allowed to stay on their parents plan until they turn 26 years old (in the case of existing group health plans, this right does not apply if the young adult is offered insurance at work). Check with your insurance company or employer to see if you qualify. Effective for health plan years beginning on or after September 23. Expanding Coverage for Early Retirees- Some people who retire without employersponsored insurance and before they are eligible for Medicare see their life savings disappear because of high rates in the individual market. To preserve employer coverage for early retirees until more affordable coverage is available through the new Exchanges by 2014, the new law creates a $5 billion program to provide needed financial help for employment-based plans to continue to provide valuable coverage to people who retire between the ages of 55 and 65, as well as their spouses and dependents. Applications for employers to participate in the program available June 1, Rebuilding the Primary Care Workforce- To strengthen the availability of primary care, there are new incentives in the law to expand the number of primary care doctors, nurses and physician assistants. These include funding for scholarships and loan repayments for primary care doctors and nurses working in underserved areas. Doctors and nurses receiving payments made under any state loan repayment or loan forgiveness program

4 intended to increase the availability of health care services in underserved or health professional shortage areas will not have to pay taxes on those payments. Effective Holding Insurance Companies Accountable for Unreasonable Rate Hikes- The law allows states that have, or plan to implement, measures that require insurance companies to justify their premium increases will be eligible for $250 million in new grants. Insurance companies with excessive or unjustified premium exchanges may not be able to participate in the new health insurance Exchanges in Grants awarded beginning in Allowing States to Cover More People on Medicaid- States will be able to receive federal matching funds for covering some additional low-income individuals and families under Medicaid for whom federal funds were not previously available. This will make it easier for states that choose to do so to cover more of their residents. Effective April 1, Increasing Payments for Rural Health Care Providers- Today, 68% of medically underserved communities across the nation are in rural areas. These communities often have trouble attracting and retaining medical professionals. The law provides increased payment to rural health care providers to help them continue to serve their communities. Effective Strengthening Community Health Centers- The law includes new funding to support the construction of and expand services at community health centers, allowing these centers to serve some 20 million new patients across the country. Effective Offering Prescription Drug Discounts- Seniors who reach the coverage gap will receive a 50% discount when buying Medicare Part D covered brand-name prescription drugs. Over the next ten years, seniors will receive additional savings on brand-name and generic drugs until the coverage gap is closed in Effective January 1, Providing Free Preventive Care for Seniors- The law provides certain free preventive services, such as annual wellness visits and personalized prevention plans for seniors on Medicare. Effective January 1, Improving Health Care Quality and Efficiency- The law establishes a new Center for Medicare & Medicaid Innovation that will begin testing new ways of delivering care to patients. These methods are expected to improve the quality of care, and reduce the rate of growth in health care costs for Medicare, Medicaid, and the Children s Health Insurance

5 Program (CHIP). Additionally, by January 1, 2011, HHS will submit a national strategy for quality improvement in health care, including by these programs. Effective no later than January 1, Improving Care for Seniors After They Leave the Hospital- The Community Care Transitions Program will help high risk Medicare beneficiaries who are hospitalized avoid unnecessary readmissions by coordinating care and connecting patients to services in their communities. Effective January 1, Introducing New Innovations to Bring Down Costs- The Independent Payment Advisory Board will begin operations to develop and submit proposals to Congress and the President aimed at extending the life of the Medicare Trust Fund. The Board is expected to focus on ways to target waste in the system, and recommend ways to reduce costs, improve health outcomes for patients, and expand access to high-quality care. Administrative funding becomes available October 1, Increasing Access to Services at Home and in the Community- The Community First Choice Option allows states to offer home and community based services to disabled individuals through Medicaid rather than institutional care in nursing homes. Effective beginning October 1, Bringing Down Health Care Premiums- To ensure premium dollars are spent primarily on health care, the law generally requires that at least 85% of all premium dollars collected by insurance companies for large employer plans are spent on health care services and health care quality improvement. For plans sold to individuals and small employers, at least 80% of the premium must be spent on benefits and quality improvement. If insurance companies do not meet these goals, because their administrative costs or profits are too high, they must provide rebates to consumers. Effective January 1, Addressing Overpayments to Big Insurance Companies and Strengthening Medicare Advantage- Today, Medicare pays Medicare Advantage insurance companies over $1,000 more per person on average than is spent per person in Traditional Medicare. This results in increased premiums for all Medicare beneficiaries, including the 77% of beneficiaries

6 who are not currently enrolled in a Medicare Advantage plan. The law levels the playing field by gradually eliminating this discrepancy. People enrolled in a Medicare Advantage plan will still receive all guaranteed Medicare benefits, and the law provides bonus payments to Medicare Advantage plans that provide high quality care. Effective January 1, Linking Payment to Quality Outcomes- The law establishes a hospital Value-Based Purchasing program (VBP) in Traditional Medicare. This program offers financial incentives to hospitals to improve the quality of care. Hospital performance is required to be publicly reported, beginning with measures relating to heart attacks, heart failure, pneumonia, surgical care, health-care associated infections, and patients perception of care. Effective for payments for discharges occurring on or after October 1, Encouraging Integrated Health Systems- The new law provides incentives for physicians to join together to form Accountable Care Organizations. These groups allow doctors to better coordinate patient care and improve the quality, help prevent disease and illness and reduce unnecessary hospital admissions. If Accountable Care Organizations provide high quality care and reduce costs to the health care system, they can keep some of the money that they have helped save. Effective January 1, Reducing Paperwork and Administrative Costs- Health care remains one of the few industries that relies on paper records. The new law will institute a series of changes to standardize billing and requires health plans to begin adopting and implementing rules for the secure, confidential, electronic exchange of health information. Using electronic health records will reduce paperwork and administrative burdens, cut costs, reduce medical errors and most importantly, improve the quality of care. First regulation effective October 1, Understanding and Fighting Health Disparities- To help understand and reduce persistent health disparities, the law requires any ongoing or new federal health program to collect and report racial, ethnic and language data. The Secretary of Health and Human Services will use this data to help identify and reduce disparities. Effective March Providing New, Voluntary Options for Long-Term Care Insurance- The law creates a voluntary long-term care insurance program called CLASS -- to provide cash benefits to adults who become disabled. Note: On October 14, 2011, Secretary Sebelius

7 transmitted a report and letter to Congress stating that the Department does not see a viable path forward for CLASS implementation at this time. View a copy of the CLASS report. Read about the original CLASS proposal Improving Preventive Health Coverage- To expand the number of Americans receiving preventive care, the law provides new funding to state Medicaid programs that choose to cover preventive services for patients at little or no cost. Effective January 1, Expanding Authority to Bundle Payments- The law establishes a national pilot program to encourage hospitals, doctors, and other providers to work together to improve the coordination and quality of patient care. Under payment bundling, hospitals, doctors, and providers are paid a flat rate for an episode of care rather than the current fragmented system where each service or test or bundles of items or services are billed separately to Medicare. For example, instead of a surgical procedure generating multiple claims from multiple providers, the entire team is compensated with a bundled payment that provides incentives to deliver health care services more efficiently while maintaining or improving quality of care. It aligns the incentives of those delivering care, and savings are shared between providers and the Medicare program. Effective no later than January 1, Increasing Medicaid Payments for Primary Care Doctors- As Medicaid programs and providers prepare to cover more patients in 2014, the Act requires states to pay primary care physicians no less than 100% of Medicare payment rates in 2013 and 2014 for primary care services. The increase is fully funded by the federal government. Effective January 1, Providing Additional Funding for the Children s Health Insurance Program- Under the law, states will receive two more years of funding to continue coverage for children not eligible for Medicaid. Effective October 1,

8 Prohibiting Discrimination Due to Pre-Existing Conditions or Gender- The law implements strong reforms that prohibit insurance companies from refusing to sell coverage or renew policies because of an individual s pre-existing conditions. Also, in the individual and small group market, the law eliminates the ability of insurance companies to charge higher rates due to gender or health status. Effective January 1, Eliminating Annual Limits on Insurance Coverage- The law prohibits new plans and existing group plans from imposing annual dollar limits on the amount of coverage an individual may receive. Effective January 1, Ensuring Coverage for Individuals Participating in Clinical Trials- Insurers will be prohibited from dropping or limiting coverage because an individual chooses to participate in a clinical trial. Applies to all clinical trials that treat cancer or other lifethreatening diseases. Effective January 1, Making Care More Affordable- Tax credits will making it easier for the middle class to afford insurance will become available for people with income between 100% and 400% of the poverty line who are not eligible for other affordable coverage. (In 2010, 400% of the poverty line comes out to about $43,000 for an individual or $88,000 for a family of four.) The tax credit can be advanced, so it can lower your premium payments each month, rather than making you wait for tax time. Certain individuals may also qualify for reduced costsharing (copayments, co-insurance, and deductibles). Effective January 1, Establishing Affordable Insurance Exchanges- Beginning in 2014, if your employer doesn t offer insurance, you will be able to buy it directly in an Affordable Insurance Exchange. Exchanges will offer a choice of health plans that meet certain benefits and cost standards. Effective January 1, Increasing the Small Business Tax Credit- The law implements the second phase of the small business tax credit for qualified small businesses and small non-profit organizations. In this phase, the credit is up to 50% of the employer s contribution to provide health

9 insurance for employees. Additionally, there is also up to a 35% credit for small nonprofit organizations. Effective January 1, Increasing Access to Medicaid- Americans who earn less than 133% of the poverty level (approximately $14,000 for an individual and $29,000 for a family of four) will be eligible to enroll in Medicaid. States will receive 100% federal funding for the first three years to support this expanded coverage, phasing down to 90% federal funding in subsequent years. Effective January 1, Promoting Individual Responsibility- Most individuals who can afford it will be required to obtain basic health insurance coverage or pay a fee to help offset the costs of caring for uninsured Americans. If affordable coverage is not available to an individual, he or she will be eligible for an exemption. Effective January 1, Ensuring Free Choice- Workers meeting certain requirements who cannot afford the coverage provided by their employer may take the funds their employer might have contributed to their insurance and use these resources to help purchase a more affordable plan in the new health insurance Exchanges. Effective January 1, Paying Physicians Based on Value Not Volume- A new provision will tie physician payments to the quality of care they provide. Physicians will see their payments modified so that those who provide higher value care will receive higher payments than those who provide lower quality care. Effective January 1, 2015.